Rédaction Africa Links 24 with Kyla Jade McNulty, Ben Cashdan, Douglas Scott, Adrian Galley, David Matsepe, Jace Nair, Denise R Nicholson, Mugwena Maluleke
Published on 2024-02-22 18:36:14
Marah Louw, a talented actress, agreed to play the role of Dolly in Taxi to Soweto in 1991. Despite her growing fame and success, her main focus was on being a part of a South African movie. Fast forward thirty years, Marah reflects on her experience with mixed feelings. In 2021, M-Net aired the film multiple times to uplift a nation struggling with the effects of Covid-19. However, Marah revealed that she never received any royalties for these broadcasts or other reruns of the drama series Muvhango. This common occurrence highlights a significant issue in the South African creative sector – performers often do not receive fair compensation for their work when it is reused.
From well-known figures like Henry Cele to Brenda Fassie, many South African performers retire without the financial stability they should have attained from their contributions to the industry. Large corporations, who are notably against the Copyright Amendment Bill, are primarily responsible for resisting fair royalties. Despite claiming to advocate for artists’ interests, these companies are more concerned with maximizing profits for their shareholders. Some corporations have even manipulated artists to lobby against the Copyright Amendment Bill in an effort to protect their monopolies. On the other hand, advocates for the bill are pushing for increased fairness, access, innovation, and creativity within the industry.
The Copyright Amendment Bill, when paired with the Performers’ Protection Amendment Bill, aims to provide performers with the right to fair remuneration when their work is reused. This legislation also extends protections to a variety of creatives, including musicians, fine artists, authors, and composers. It ensures that even when these individuals assign copyright of their work to a distributor, they receive a fair share of the income generated. This move aligns South Africa more closely with countries like the US and the EU in terms of artist protection.
The passage of the Copyright Amendment Bill is crucial not only for ensuring artists receive their deserved compensation but also for promoting fair access to creative works, like textbooks, for marginalized groups. Without this legislation, South Africa would remain under outdated apartheid-era copyright laws. The ANC government has been diligently working on this bill for a decade despite significant opposition and deserves widespread support to see it through to enactment.
In addition to securing artists’ livelihoods, the Bill addresses the issue of overpricing in the country, particularly concerning school textbooks. It requires publishers to offer essential works of knowledge at a fair price to all learners, or risk facing consequences. The legislation brings to mind the 1990s battle against pharmaceutical companies who initially refused to provide affordable medication to those living with HIV. Similarly, the Copyright Amendment Bill challenges publishers to make textbooks affordable or face alternative solutions like copying or importing them at lower costs.
Furthermore, the new law paves the way for research and technological advancements in South Africa by allowing creative works to be catalogued, searched, and archived under “fair use” principles. This provision promotes the digitization of African heritage and knowledge to prevent losses due to disasters like fires or floods. The modernization of copyright laws through the Copyright Amendment Bill is essential for the economic growth of industries relying on creative materials and data.
Ultimately, the Copyright Amendment Bill benefits both creators and users of copyrighted works while challenging large corporations and collecting societies to prioritize fair compensation for artists and creators. For the sake of artists like Marah Louw, aspiring talents in townships, learners in underserved schools, and all those in need of equitable access to knowledge and creativity, the ANC must resist lobbying efforts and pass the Copyright Amendment Bill to redefine the industry standards. It is time to value our artists, ensure fair royalties, and promote knowledge accessibility while holding profiteers accountable.
Read the original article on Daily Maverick
